Legal Framework about Preconception Sex Selection in Muslim and non-Muslim Jurisdictions

Abstract

The approval of preconception sex selection for medical purposes by prominent bodies of collective Ijtihad and Fatwa councils has not only granted legitimacy but also paved the path for its commercialization. While some scholars have advocated for permissibility of preconception sex selection for non-medical reasons, others deemed it strictly unlawful. In the meantime, the exponential expansion of IVF clinics has made this contentious utilization of technology readily available to the public. It has emerged as a contentious issue in recent medical-related legislation, within Muslim and non-Muslim jurisdictions alike. This paper explores the legal framework of sex selection legislation worldwide, with a particular focus on Muslim-majority countries. In this regard, the study delves into the legal frameworks surrounding sex selection in Pakistan, other Muslim and non-Muslim countries. The comparative resource presented here aims to assist policymakers and scholars, particularly in Muslim nations, in addressing this pressing issue by highlighting diverse approaches ranging from comprehensive bans to regulated permissions and ethical guidelines. By understanding the complexities of sex selection regulation within unique cultural and religious contexts, policymakers can develop informed strategies aligning with Islamic law, ethical considerations and societal needs.